I am being asked if I have been subject to court martial or…

Customer Question

I am being asked...

I am being asked if I have been subject to court martial or other disciplinary procedure under UCMJ such as article 15, or article 135. I had to go to XOI 3 yrs ago because I missed the BCA weigh in because I misunderstood and thought I was waived. No adverse administrative action was taken at all. Do I have to answer yes to this question?

Lawyer's Assistant: Has anything been officially filed?

No page 13. an unofficial letter of counseling is all.

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Verified

Hello,

Can you please tell me for what purposes is this question being asked? By an employer, security questionnaire, or what? Be specific as to the type of employer and what the procedure is that you are going through?

Thanks, ***** ***** don't know what e-quip is. Is that a company and, if so, is this an FBI background check with fingerprints for a security clearance? Also, what is the very specific question, word for word on the form you were given to complete?

In 2010 while awaiting General Courts Martial I received my military pay and per diem (I was on per diem when the charges were brought against me, so the command was still responsible for the per diem… read more

Hi I received a field article 15 when I was deployed in 2011. I lost my rank and 45 days extra duty. I was accused of trying to defraud the government. Before my deployment I stationed at for Polk LA,… read more

My son was in the CG and courts-martialed in 2006/7 for assault (He punched his wife on the arm when she tried to take their daughter from his arms (one punch, no bruises); and also for attempt to pos… read more

Hi JA: Hello. How can I help? Customer: I have article 15 first reading tomorrow JA: Are you overseas or stateside? Customer: Stateside JA: Have you talked to anyone in the chain of command about this… read more

I received an article 15 in 1997 for failing a urinalysis. I was told it would not be on my permanent record. This incident just showed up on a routine background ran by the Departmant of Children & F… read more

Hello, I was convicted by general court martial back in 2002 or 2003 for larceny. I was only sentenced to 7 months, but the maximum penalty is something like 30 years. Having a maximum sentence of gre… read more

reason I got started on the article 15 was for the reason I didn't show up for work when I got sick, I have a medical note that states I need to go home if necessary but guess they want me to go to the er when I cant see or drive. I'm at ft benning … read more

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).